Unpublished Opinions
smiths falls, Ontario
About the author
Advocates for family preservation against unwarranted intervention by government funded non profit agencies and is a growing union for families and other advocates speaking out against the children's aid society's funding strategies and current corrupt practices to achieve the society's funding goals.
Alleged Ontario CAS hacker trial update... 19/08/14.
August 16, 2019
Alleged CAS Hacker Trial Transcript Now Included:
https://unpublishedottawa.com/sites/unpublishedottawa.com/files/letter/1...
Day two: Crown's case implodes and it's all over.. After waiting for 3 years the total time Kelley was in front of the judge, about 5 hours. Kelley's legal costs, about $20 000 with about $11 000 still owing.. Total cost to the taxpayers, unknown.. Next lawyers make legal submissions and maybe Kelley gets a decision from the Ottawa Judge by or before December.. (knockwood)
Please draw your attention to Note 3 in the financial statements, which indicates that the Society's operating fund expenses exceeded revenues by $1,114,539 during the year ended March 31, 2019 and, as of that date, the Society's current liabilities exceeded its current assets by $3,827,221.
As stated in Note 3, these events or conditions, along with other matters as set forth in Note 3, indicate that a material uncertainty exists that may cast significant doubt on the Society's ability to continue as a going concern.
Our opinion is not modified in respect of this matter.
MATERIAL UNCERTAINTY RELATED TO GOING CONCERN
At March 31, 2019 the Society had a negative working capital of $3,827,221 and the operating fund expenses exceeded revenues by $1,114,539, which when added to the operating fund excess of expenses over revenues incurred in the last 3 years, resulted in an accumulated operating fund deficit
of $3,364,522.
The Society requested a temporary increase of $120,000 to its line of credit near year end to meets its obligations and its balanced budget fund was fully depleted during the year ended March 31, 2018.
4. ACCOUNTS RECEIVABLE
2019 2018
Due from other societies $ 51,581 $ 82,698
Ministry of Children, Community and Social Services 11,063 621,644
Interfund 597,352 613,539
General 426,869 307,519
$ 1,086,865 $ 1,625,400
ONTARIO BROADER PUBLIC SECTOR (BPS) SUPPLY CHAIN CODE OF ETHICS
Goal: To ensure an ethical, professional and accountable BPS supply chain. Personal Integrity and Professionalism.
(after refusing to register with the College of Social Work and refusing to just willing cooperate with the Ombudsman or the former Child Advocate - is this compliance how the society justify calling themselves professionals?)
Individuals involved with Supply Chain Activities must act, and be seen to act, with integrity and professionalism. Honesty, care and due diligence must be integral to all Supply Chain Activities within and between BPS organizations, suppliers and other stakeholders.
Respect must be demonstrated for each other and for the environment. Confidential information must be safeguarded. Participants must not engage in any activity that may create, or appear to create, a conflict of interest, such as accepting gifts or favours, providing preferential treatment, or publicly endorsing suppliers or products.
Accountability and Transparency
Supply Chain Activities must be open and accountable. In particular, contracting and purchasing activities must be fair, transparent and conducted with a view to obtaining the best value for public money. All participants must ensure that public sector resources are used in a responsible, efficient and effective manner.
SCMA™ Code of Ethics for Professionals in the field of Supply Chain Management.
Affecting and Accepting Responsibility
IN RELATED NEWS!
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Mass resignation at Brantford children’s aid society to protest under-funding. By Jim Rankin Staff Reporter. 2019.
The board says there was no choice but to flee the scene since board members individually would eventually become responsible for the agency’s deficit, which is over half a million for this year alone.
The agency has an accumulated debt of $3 million.
Maybe if the workers want to keep the board members that dont require them to register with the College of Social work and don't mind looking the other way when children in their care die they should take a giant pay cut till their deficit is paid off?
“I’m close to retirement anyway,” Koster said. “And I want to be able to hold my head up and say I did what I could for the kids in Brantford.”
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Here are the top 5 reasons for which you shouldn’t opt for a WordPress site if your part of a government funded multi-billion dollar private corporation with a legal obligation to protect client information:
WordPress is an open source software. It is free in the sense of freedom not in the sense of free beer. ... Open source software comes with the freedom for you to use, modify, build upon, and redistribute the software in any way you like without paying any fees.
What are the disadvantages of using WordPress?
WordPress is the most popular content management system. This fact alone makes WordPress a prime target for hackers everywhere. As a matter of fact, according to a Sucuri report WordPress is the most hacked CMS platform worldwide. (Talk about putting children and clients at risk...)
Disadvantages of A WordPress Website.
Without a doubt, WordPress is the most used Content management system (CMS) in the world. With millions of users, it is widely praised and appreciated for its advantages. But, while the hype is still strong, many people overlook or are not aware that WordPress has certain weak points that might make them reconsider their decisions or options.
1. Vulnerability
Unquestionably the biggest disadvantage of WordPress is its security. WordPress is an Open Source platform, and it relies heavily on plugins and themes for customization. Both the plugins and the themes are developed by different people and companies and since there isn’t anyone monitoring them, they can easily contain bugs or malicious code lines. On top of this, as stated above, today, WordPress is the most popular content management system. This fact alone makes WordPress a prime target for hackers everywhere. As a matter of fact, according to a Sucuri report WordPress is the most hacked CMS platform worldwide.
2. Can be expensive
While the WordPress itself is free, when looking at the whole picture there are significant costs. WordPress relies on plugins and themes for customization, and while there are some that are free, they are not always reliable or safe. Furthermore, if you want your website to stand out and your visitors to have a great you have to buy a theme, as the free ones are overused. With numerous updates coming out constantly, it can become quite expensive to keep your website up to date. Naturally, if you’re a WordPress designer, or have the knowledge you can make a lot of adjustments yourself, but most people need to use a plugin or a well-developed theme.
3. Needs frequent updates
Simply installing WordPress, is going to help you very much as this platform requires a theme and at least several plugins to work properly. WordPress updates can often render parts of your theme or some plugins usable. The more plugins you use, the more likely it is for you to encounter more compatibility problems. The whole maintenance process in WordPress can be quite challenging, and you have to be ready to make adjustments to your plugins and theme in order to have a functional website. If you don’t have the budget or the knowledge (design, programming), giving the fact that in general WordPress doesn’t offer support, and solutions can only be found on WordPress forums, chances are that you should choose another website solution for you.
4. SEO friendliness
WordPress is definitely an SEO friendly platform, but so is virtually any open source CMS. However, for the people with little to no SEO experience and knowledge, WordPress can create quite a few problems. Probably the most known one is caused by the WordPress’ category and tagging system. If the content is over-tagged or marked into many categories, Google will flag it as duplicate content, a fact that will affect your SEO rankings.
5. Customization needs Coding
To make certain change your WordPress site, you have to possess HTML, CSS and PHP knowledge. If you want to personalize in a unique way, or to enhance its design, you may find yourself needing to write numerous complicated code lines. If you’re in the category of people which possess the knowledge, things can go down smoothly, but if you try to write code without having the right expertise — most people in this category, you can make a lot of damage to your website.
Website builders are a perfect solution for - individuals and small businesses - to start a website without hiring a developer. However, finding the best website builder can be tricky for beginners.
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Flaherty McCarthy LLP: Our Firm has chosen to represent Class Members in several important Class Proceedings. These claims have involved mass torts, Consumer Protection issues and privacy breaches.
We have recently successfully certified a privacy breach class action involving the Children’s Aid Society of Lanark, Leeds and Grenville.
Alleged Ontario CAS Hacker Trial Update... 19/08/14.
Updated 19/09/23: Complete Trial Transcript Included. Look for the PDF.
We have successfully prosecuted the following claims:
Wilkins v. Rogers Communications Inc., 2008 CanLII 56715 (ON SC)
Rowlands v. Durham Region Health, et al., 2011 ONSC 2171 (CanLII)
Travassos v. Tattoo, 2011 ONSC 2290 (CanLII)
Drew v. Walmart Canada Inc. 2017 ONSC 3308 (CanLII)
We are in the process of prosecuting the following claims:
Blood-borne disease exposure: Rizzi v. Dr. Vivek (Vick) Handa, Upper Middle Dental and Vick Handa Dentistry Professional Corporation
Solicitor’s Negligence claims against three Immigration Lawyers: Hohots, Jaszi and Farkas
Medical Device and disease exposure: Nardi v. Sorin Group Deutschland GMBH
We remain committed to commencing and prosecuting valid and important claims that are best served by a proposed Class Proceeding.
Should you have an issue or concern that may be shared by others, such that a Class Proceeding may be appropriate, please contact:
In Toronto, contact Sean Brown.
In Whitby, contact Todd McCarthy.
FCSLLGs self confessed entirely "self taught" internet security expert (who looked like a greasy teenager in grubby clothes wearing a backpack) and the son-in-law of FCSLLG's project manager Margret Row testified today the documents on the agency's privately operated public information website were publicly available including the list with 285 names.
According to Margret Row there were six involuntary clients on the report with 285 names of clients involved in "protected" court proceedings but she was unable or wouldn't say if FCSLLG took those clients to court before or after the breach of alleged security.
When asked how many names on the list were involved in court proceedings, Raymond Lemay stated there were less than ten. When asked if he could identify which names on the list were involved with the family court, he could not..
Now - this is a correction from yesterday's Trial Update.
Karynn Von Cramon as it turns out is the only person employed by FCSLLG who could identify which names on the report listing 285 client names were involved in protected court proceedings and this is the reason she was being called to the stand and not to explain anything of the technical stuff..
In order to avoid going on the stand Mrs Von Cramon signed an agreed statement facts and was not cross-examined.
Miss Denham's lawyer pointed out that some of the documents on FCSLLG's website were encrypted with password protection and wondered why all the documents on the website weren't all uploaded with protection, especially the client documents..
::: CYBER-CRIME OR 50 SHADES OF BULLSHIT :::
ALLEGED ONTARIO CAS HACKER TRIAL UPDATE: 19/08/13.
THE TRAIL HAS STARTED.
After 3 years of waiting Kelley Denham was finally allowed to plead not guilty at approximately 11am this morning.
Day One.
Raymond Lemay denied having any direct knowledge of the FCSLLG's website operations saying that was the responsibility of Margret Row and Jennifer Eastwood along with a number of other statements including it looked like their internet privacy switch had been turned off inadvertently on a number of occasions. Mr Lemay did not refer the incident as hack on the stand.
The arresting detective when questioned continued to insist Miss Denham was a hacker.
When on the stand Margret Row whose son-in-law was the internet expert FCSLLG hired to make recommendations to improve the website's security denied she had any responsibility for the agency's website and she firmly stated the website was run by Jennifer Eastwood who transferred to another agency shortly after the alleged hack.
It quickly became apparent Miss Row's version of events were considerably different from Mr. Lemay's.
Eastwood did not attend court today nor does it look like the crown has any intention of calling Miss Eastwood to the stand nor does it appear the crown plans to call on FCSLLG's internet expert.
(CORRECTION AS I NOW UNDERSTAND IT MARGRET ROW'S SON-IN-LAW WILL BE CALLED TO THE STAND)
Also to explain technical side of the incident tomorrow the crown will be calling on FCSLLG Manager of Legal Services Karynn Von Cramon.
No doubt Miss Von Cramon will add a third version of FCSLLG's truth.
And I understand the lawyer representing FCSLLG in the civil action against LLG is advising the crown to have the the court records sealed surrounding the actual operation of LLG's website on the grounds they might for some bizarre reason need to mention the names on the list involved in the breach to explain how it happened..
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The media is invited to bring a plus one for day two...
Address: 43 Drummond St E, Perth, ON K7H 1G1
Phone: (613) 267-2021
https://www.google.com/maps/place/Ontario+Criminal+Court/@44.8986472,-76.247137,17z/data=!3m1!4b1!4m5!3m4!1s0x4cd27a4241062ee7:0x7d424030a8bd95e!8m2!3d44.8986472!4d-76.2449483
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Board portal or website it's another distinction without a difference...
TRIAL UPDATE: 19/08/07.
Once again hours before the trial is set to begin the crown is asking Kelley Denham to sign a reworded agreed statements of facts that omit all the slanderous accusations and allegations made by FCSLLG to the media depicting Miss Denham as a evil hacker and a disgruntled client along with all the relevant facts of how and where Miss Denham was able access the documents or the fact FCSLLG had admitted in the family court there were no child protection concerns before asking to withdraw an application for a supervision order for Miss Denham's four children in 2015.
Then in 2016 FCSLLG referred Miss Denham to the Kingston CAS who also brought her to court to make a motion with an application for a supervision order waiting on another date - this again resulted in the CAS admitting there were no child protection concerns before asking the judge to withdraw both the motion and the application.
This time the judge order the CAS to repay Miss Denham's legal fees. Kingston later argue FCSLLG should repay the legal costs claiming they were only acting as agents for FCSLLG based on very limited information supplied by FCSLLG. FCSLLG denied all knowledge and responsibility claiming Kingston had acted entirely on their own. Kingston was finally forced to repay Miss Denham's legal costs.
Kelley has refused to sign an agreed statement of facts the dozens of times she's been asked over the last 3 years. The first time the crown presented Kelley with an agreed statement of facts hour before her trial was to begin and Kelley had refused sign it - the crown informed the judge Kelley had reneged on a deal to sign FCSLLG's version of the truth and he had to ask that the trial be canceled because FCSLLG staff and former staff unprepared to testify and the ten day trial was canceled.
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2016: Class action filed after privacy breach at one Ontario children’s aid office.
CFSLLG Executive Director Raymond Lemay said “It’ll be up to the courts to determine whether or not there was neglect and who’s responsible.”
The suit alleges that an unknown hacker obtained access to the list and posted a picture of the link to Facebook groups for the Smiths Falls Swapshop.
Lemay said a third party had been called into tighten security on the board portal, but declined to discuss details because the matter is before the courts.
Sean Brown of Flaherty McCarthy LLP said the “That institution made the decision to use an online portal system (website) that was easily accessed by an individual without any obvious hacking skills,” Brown said. “The most sensitive and confidential information held by that body, specifically the names of those under its investigation, have now been published on the Internet. The damage has been done. That bell can not be unrung. They employed computer personnel and/or computer contractors who lacked the necessary skills, education, training, and expertise in computer data and security and encryption.”
Lemay acknowledged that the agency had struggled with security issues in the past, saying there had been a data breach involving less sensitive information in February.
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M.M. v. Lanark, Leeds and Grenville Children’s Aid Society, 2018 ONSC 5032 (CanLII)
[6] Now before the court are several motions for a diverse mix of procedural and evidentiary orders.
[6] Now before the court are several motions for a diverse mix of procedural and evidentiary orders.
a. M.M. seeks to discontinue her action against Ms. Denham.
b. The Society, which, as noted above, had crossclaimed against Ms. Denham, seeks an Order converting its Crossclaim into a Third Party Claim and converting Ms Denham’s Crossclaim into a Counterclaim in the Third Party Action.
c. The Society seeks an Order that the Third Party Action including its Counterclaim be case managed in Toronto as a part of the class action and be tried together with or immediately following the class action.
d. The Society seeks a sealing order. The sealing Order is said to be required to address confidentiality concerns arising because of s. 87 (8) of the Child Youth and Family Services Act, 2017[3] and s.70(1) of the Children's Law Reform Act.[4]
e. Ms. Denham does not oppose the continuation of the crossclaims within a Third Party Action, but she opposes the request for case management in Toronto and asks the court to transfer the Third Party Action to Perth, where she lives and where apparently she will have a lawyer prepared to act for her in defending the Third Party Action and in prosecuting her Counterclaim.
[7] The request for a sealing order, which was not opposed, should be granted.
https://www.canlii.org/en/on/onsc/doc/2018/2018onsc5032/2018onsc5032.html
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The CAS isn't in Kansas anymore and they're not really happy about it... There are no special rules of evidence, eligibility spectrum codes or the lower burden of proof in the criminal courts the workers are so used to hiding behind in the family courts..
WHAT DO YOU THINK?
Should the Crown have to prove all the allegations made against Miss Denham and published in the newspapers are true or-
Just selected parts of the allegations made by FCSLLG that don't make them look like a bunch of sociopathic liars out to slander, discredit and demonize Miss Denham anyway they can?
Also FCSLLG claimed they had multiple levels of security protecting their clients information but have provided no proof there was any security at all protecting their privately operated public information website/board portal and advertising platform and the Crown doesn't want to pursue it..
But the good news is Sean Brown, lawyer for the class-action lawsuit, is going to pursue it and multiple layers of corporate security isn't cheap so if it exists it should be in their financial reports shouldn't it?
WHAT HAPPENS WHEN THE ONTARIO COURT JUDGE FAIL TO APPEAR FOR YOUR TRIAL AFTER WAITING 3 YEARS FOR IT START?
YOUR TRIAL GETS SHORTED BY 3 DAYS...
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2018: Ransomware attacks hit two Ontario children’s aid societies.
Ransomware attacks at two children’s aid societies have spurred the Ontario government to tighten cybersecurity around a new, $123-million provincial database for children in care.
Officials with the other agency — Family and Children’s Services of Lanark, Leeds and Grenville — claim they saw an English ransom message flash on their computer screens, demanding $60,000, when they tried to access their database in November.
“It encrypted most of our servers,” says the Lanark agency’s executive director, Raymond Lemay. “No data was taken out of our system. It was just an attempt by whatever you call these people to get a ransom.”
Lemay says his agency didn’t pay up. He says it used an offline backup of computer files to get the agency up and running again in about eight hours.
Lemay says the ransomware attack cost his agency $100,000 to fix, an expense covered by his agency’s “cyber insurance.”
How does that make any sense?
FCSLLG could have paid $60 000 and then fixed the problem and maybe the police could have tracked the money back to the bad guys but choose instead to pay $100 000 to regain control of their computers?
Back up copy or was there two sets of books?
To cook the books is an idiom describing fraudulent activities performed by corporations to falsify their financial statements and God knows what else when it comes to the Ontario CAS..
Cybersecurity experts from the province’s Ministry of Children and Youth Services, along with a private internet security firm, swooped into the agency to neutralize the malware in the infected servers.
“It took them about three weeks to find the needle in the haystack,” Lemay says.
The ransomware attack locked the agencies out of local online files that contained private information on the children and families they serve.
The computer virus attacked while the Lanark agency was uploading its data to a centralized database known as CPIN. It will allow societies across Ontario to share information more easily and better track how children in foster care and group homes are doing.
“They might have taken advantage of vulnerabilities that occurred because we were changing over to a new system,” Lemay says of CPIN. That’s one of the hypotheses, but we don’t know for sure.”
Related Posts:
Toronto firm files statement of claim against province seeking $75 million over Family and Children’s Services of Lanark, Leeds and Grenville data leak...
Ca: Children's aid families’ names posted online
Ca: Children’s Aid Society exposes sensitive information to a woman’s business partner.
The Hamilton Children’s Aid Society is apologizing to a city woman for mistakenly disclosing confidential information about her to her business partner.
Ayla Smith, 28, says the breach happened after her partner Robert Johnston, with whom she also shares an apartment, requested a copy of his file over recent allegations made about him.
And as I understand it, the lawyer representing FCSLLG in the civil action against FCSLLG - who was present today at the trial advised the crown to ask the judge to seal the court records surrounding testimony about the actual operation of LLG's website on the grounds they might for some bizarre reason need to mention the names on the list involved in the breach to explain how it happened..
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Ontario's CAS grappling with how to monitor privacy breaches. July 17, 2017 ARTICLE SOURCE Toronto Star.
Child welfare workers who pry into electronic records of youth in care are impossible to track, critics warn, with an alert system for possible privacy breaches used only on select files.
The challenge of tracking who is using the system isn't unique to the new system, as previous independent children's aid society databases faced the same problem, according to Elman.
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ALLEGED ONTARIO CAS HACKER TRAIL UPDATE:
DELAYED AGAIN. 19/06/15.
No judges are available for the dates set 9 months ago... You gotta' wonder what happened?
Did a load bearing judge suddenly and unexpectedly pass away this week?
THE TRIAL HAD BEEN SET TO BEGIN; June 21st, 26th, 28th, and August 13th, 14th, and 15th, 2019. Next court date is Feb. 19th, 2019 for another judicial pre-trial, the 13th or 14th pretrial in the series. Check out Kelley's blog for more information.
KelleyandDerek.com
Why is it taking so long for the alleged Ontario CAS hacker Kelley Denham to go to trial, wasn't Kelley Denham charged years ago? Oh that's right, the crown is still trying (hoping) to get Kelley to take a deal to plead guilty for a slap on the wrist nearly three years after the charges were first laid instead of accepting her not guilty plea and presenting his rock solid case to the judge..
Rumors, Gossip and Trial Talk.
The extent of document breach regarding documents accessible on FCSLLG’s public website is rumored to have included;
1. A summary of insurance claims made against the agency; there were identified sexual abuse claimants, a wrongful dismissal, a foster child having a baby in her foster parent’s bathroom where both foster parents are named and two other foster parents named as being criminally charged
2. A report from the provincial advocate on an identified child, a 12-year old boy.
3. A coroner’s pre-inquest report on an identified male
4. Email correspondence between FCSLLG and media regarding a child whose mother was trying to fundraise for his care.
5. A woman’s resume.
6. Personal contact information of FCSLLG’s board members.
7. A letter sent to an “agitated community member” from FCSLLG (This could be a reference to the almost apology letter FCSLLG sent Kelley that actually blames her for everything they did wrong, see more about that below).
There are also documents which appear to be FCSLLG board of director meeting minutes. In these minutes, many of the cases noted above are discussed in detail.
Since Kelley was charged she has faced enormous pressure from the crown's office to essentially sign a confession and plead guilty in exchange for leniency. Kelley refused to plead guilty and then after six months of delays setting a trial date on the crown's part, the crown canceled the trial.
The following year the College of Social Work asked Kelley to sign a near verbatim copy of the statement of agreed upon facts the crown had presented to Kelley the year before, then threaten to sue her for the cost of holding a disciplinary hearing and finding her guilty if she refused to sign it.
Twenty-three months later the both the crown and college continue to be reluctant to accept Kelley's "not guilty" plea and prove the facts actually show Kelley Denham is guilty of anything.
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A hyperlink by itself, should never be seen as “publication” of the content to which it refers.
Only when a hyperlinker presents contents from the hyperlinked material in a way that actually repeats the content, should that content be considered to be “published” by the hyperlinker;hyperlinks are, in essence, references which are fundamentally different from other acts of publication.
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Ontario CAS calls Mom a hacker after she publicly speaks out, lawsuit and charges pending. TRIAL SUMMER 2019:
Here is the only public recording of Kelley Denham speaking to CTV Ottawa TV news about the alleged breach of layers of security before the courts imposed what is for all intents and purposes a gag order.
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Kelley Denham, while doing research on FCSLLG's internal complaint process on the agency's privately operated public information website that also serves as an advertising platform for the agency, Kelley manually typed an address to information she was referencing in her complaint but left off the filename of the precise document she wanted, which took her to a directory on the site's uploads page where she stumbled across internal agency financial documents, minutes of meetings, client files and the personal information of a large number of people looking for a six figure salary.
According to Raymond Lemay the agency's website had multiple layers of security protecting it though he failed to mention that FCSLLG's website is hosted on a U.S. server in Michigan that coincidentally deletes all log files every 30 days and keeps no backups..
The agency has stated in the courts it doesn't matter if they wrongful accused Kelley of hacking them and their site wasn't protected by multiple layers of security or that the Supreme Court has ruled posting a link to something that was published by FCSLLG isn't publishing, why?
Because FCSLLG says a disgruntled Kelley Denham was just out to get them after she forced them to withdraw a request for a supervision order from court and then after FCSLLG referred our family to another agency - the judge awarded Kelley legals costs of $750 dollars after she forced Kingston's CAS lawyer to withdraw a motion and a request for a supervision order.. FCSLLG now denies Kingston's claim they were only acting as an agent for FCSLLG based on the information FCSLLG gave them.
The news report also fails to mention the outside internet expert they hired is project manager Margret Row's son in law who lives in her basement.. The "expert" was hired after Kelley copied the documents as evidence of what see'd seen and made a video featuring the agency's internal financial documents and ministry directives which she sent to the agency. He made recommendations not to improve the agency's security but instead to remove documents from the site to protect themselves (which they did) only from some reason the client files weren't removed.
In a state of desperation to have not just her own information removed but all the other families information removed as well she informed the pubic of the problem by posting a picture of a link to a document published (in secret) on FCSLLG's site.
FCSLLG has stated that there was nothing wrong with their website operations until Kelley ratted them out...
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DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS
Indexed as: Ontario College of Social Workers and Social Service Workers v Denham, 2019 ONCSWSSW 4
Decision date: 20190415.
The Member argued that the College’s proceedings are exceptional and extraordinary in that they are running parallel to two other proceedings, and all of the related proceedings were initiated by a service provider of which she was a client. These various proceedings did not result from her conduct in a professional capacity as a social service worker. She noted that there are no other cases in which allegations of professional misconduct are based on a member’s conduct as a client.
I. The following are particulars of the said allegations:
1. At all relevant times, you were registered as a social service work member with the Ontario College of Social Workers and Social Service Workers (the “College”);
2. Commencing on or about February 2016 you accessed the Family and Children’s Services of Lanark, Leeds and Grenville (“FCSLLG”) Board of Directors web portal approximately 378 times and successfully viewed and/or downloaded approximately 171 files, including files that contained confidential information about clients of FCSLLG. You were not involved in providing care for those clients, nor did you have consent or authorization to access their information.
3. On or about April 18, 2016 you posted a link to one of the confidential documents obtained from the FCSLLG Board of Directors web portal to a Facebook group called “Smith Falls Swap Shop.” This document contained the names of 285 families involved with the FCSLLG.
4. On or about February 17, 2017 you posted a two hour video which you took of a February 3, 2016 meeting between yourself and [XX] (for Director of Services) and [XX] (Intake Manager) on the internet. The video contained confidential FCSLLG Board of Directors documents that you allegedly obtained from the FCSLLG Board of Directors web portal.
5. The posting of some or all of the information referred to in paragraphs 3 and/or 4, above had the effect of identifying one or more children who were witnesses at, or participants in, or subjects of hearings and/ or proceedings under the Child and Family Services Act, RSO 1990, c C.11, and/or the parents or foster parents or family members of such child(ren), or any of them.
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Cyber-crime or $75 000 000 shades of bullshit...
M.M. v. Lanark, Leeds and Grenville Children’s Aid Society, 2018 ONSC 5032 (CanLII)
[6] Now before the court are several motions for a diverse mix of procedural and evidentiary orders.
a. M.M. seeks to discontinue her action against Ms. Denham.
b. The Society, which, as noted above, had crossclaimed against Ms. Denham, seeks an Order converting its Crossclaim into a Third Party Claim and converting Ms Denham’s Crossclaim into a Counterclaim in the Third Party Action.
c. The Society seeks an Order that the Third Party Action including its Counterclaim be case managed in Toronto as a part of the class action and be tried together with or immediately following the class action.
d. The Society seeks a sealing order. The sealing Order is said to be required to address confidentiality concerns arising because of s. 87 (8) of the Child Youth and Family Services Act, 2017[3] and s.70(1) of the Children's Law Reform Act.[4]
e. Ms. Denham does not oppose the continuation of the crossclaims within a Third Party Action, but she opposes the request for case management in Toronto and asks the court to transfer the Third Party Action to Perth, where she lives and where apparently she will have a lawyer prepared to act for her in defending the Third Party Action and in prosecuting her Counterclaim.
[7] The request for a sealing order, which was not opposed, should be granted.
[19] The events of the various actions, which attracted the attention of the media in Perth, Ontario, are of interest to the citizens of the East Region, who have an interest in the operation of their local children’s aid societies, but the events are of little more than of prurient interest to the citizens of Toronto.
[20] Ms. Denman, who is the central actor either as a commendable whistleblower or as a deplorable newsmonger and hacker and leaker of confidential information is seriously inconvenienced and possibly prejudiced by having to defend or prosecute the various proceedings in Toronto, where she has been unable to obtain a lawyer to represent her.
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2 Charges Have Been Dropped against Ms. Denham so far.
AS OF MAR. 21, 2018 THE FOLLOWING CHARGES AGAINST KELLEY DENHAM HAVE BEEN DROPPED:
1) Theft under $5000
2) Traffick in identity Information
Charges still pending against Kelley Denham;
1) Mischief over $5000
2) Mischief to Data
3) Unauthorized use of a Computer
4) Publication of Identifying Information
Ms. Denham's trial was scheduled for Sept. 19, 20, 26 and 27, 2018 but was delayed so Miss Denham could retain new legal council.
A new trial date had been set to take place in April 2019 but over 6 days over 2 or 3 weeks but may be delayed again.
Smiths Falls, Ont., pair charged in family services document breach.
Man, woman could face 10-year prison sentence, fines of up to $10,000 CBC News · Posted: Aug 09, 2016
Charges dropped against Smiths Falls man accused in family services data breach.
Woman charged with same offences could still face 10-year prison sentence, fines of up to $10,000 CBC News · Posted: Dec 19, 2016
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"Toronto firm files statement of claim against province seeking $75 million over data leak."
Lawyer Sean Brown is claiming the data leak came about as a result of negligence on behalf of children services, which includes a “breach of fiduciary duty,” “breach of confidence” and a “breach of section 7 of the Canadian Charter of Rights and Freedoms.” He is seeking $25 million in general damages, $25 million in special damages and $25 million in punitive damages.
Lemay says the report in question is not "typical" of the work FCSLLG does or the documentation it keeps. He also says the organization has no reason to believe any of its other clients had their personal information compromised.
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Denham CAS case spoken to at pretrial.
Smiths Falls Record News/Feb 02, 2017 By Desmond Devoy
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The case highlights a glaring omission in provincial and federal privacy laws, which do not cover children’s aid societies. Family and Children’s Services of Lanark, Leeds and Grenville and others across the province are not accountable to the Office of the Information and Privacy Commissioner of Ontario or the Office of the Privacy Commissioner of Canada, meaning when a breach like this occurs neither office has the ability to act.
Without the oversight of the commissioners offices, the organizations are not bound by the same privacy laws and data security regulations that govern other public institutions.
In 2013, the former privacy commissioner of Ontario, Anne Cavoukian, called on government to pass new legislation that would require oversight from the privacy commissioners offices in order to ensure that the sensitive data being managed by these agencies was being properly handled and secured. She was ignored.
“In my 2004, 2009, and 2012 Annual Reports I recommended that Children’s Aid Societies, which provide services for some of our most vulnerable citizens – children and youth in government care, be brought under FIPPA (the Freedom of Information and Personal Privacy Act),” she wrote in her 2013 annual report. “I am disheartened by the complete lack of action to ensure transparency and accountability by these organizations that received significant public funding. As part of the modernization of the Acts, I call on the government to finally address this glaring omission and ensure that Children’s Aid Societies are added to the list of institutions covered.”
The only oversight for the province’s children’s aid agencies comes from Ontario’s Ministry of Children and Youth Services, which has been named as a defendant in Thursday’s statement of claim.
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Allan Hogan, the former executive director of Family and Children’s Services of Lanark, Leeds and Grenville, was asked later, during an interview at his Herriott Street office in Perth, on Monday, Sept. 21, if he was OK with his workers being filmed during interactions with families.
“We…” he began saying, before pausing. “People do have the opportunity to record or videotape us.
For the rest of the story read the Smiths Falls Record News Obituary By Desmond Devoy.
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Meet Kim Morrow, former unregistered director of service for Family and Children's services of Lanark, Leeds and Grenville.
This 120 minute video is the beginning of Family and Children's Services of Lanark, Leeds and Grenville's internal complaint process.
Kim Morrow had 30 plus years of experience. In this recording you can listen as Kim explains away FCSLLG's failure to investigate objectively, taking a biased position throughout, and failing to re-assess and adjust FCSLLG's position as FCSLLG had a statutory duty to do when faced with information that did not support FCSLLG's original position as just being bumps on the road.
Watch Kim Morrow act like she's never seen the documents we filed with the family court and listen to intake manager Erin Lee Marcotte's reaction to Kim as Kim claims to have been unaware of the documents and listen Kim explains she doesn't feel a sworn affidavit should be a verbatim accounting of facts but should embody the spirit and intent of what happened. Listen also as Kim explains taking my family to court asking for a supervision order was just part of the society's "investigative" process.
It my belief Kim was aware of the documents but was unaware we had actually sworn the documents in, officially served them and officially filed them with the court and hadn't just walked up to their office and just handed our children's confidential information over to Family and Children's services of Lanark, Leeds and Grenville's legal department in person.
Unfortunately the complaint process came to abrupt and sudden end when we wouldn't agree to sign a legally binding document agreeing not to document (record) the complaint process for legal purposes.
It’s not about the standards, it’s about the ethics and application.
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Is it illegal to record someone speaking directly to you either overtly or covertly because someone in a position authority is acting unethically or committing a criminal act?
Criminal Code (R.S.C., 1985, c. C-46)
Consent to interception
183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.
1993, c. 40, s. 2.
Date modified: 2019-02-14
Full Document: HTMLFull Document: Criminal Code (Accessibility Buttons available) | XMLFull Document: Criminal Code [4088 KB] | PDFFull Document: Criminal Code. Act current to 2019-01-30 and last amended on 2018-12-18. Previous Versions
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Meet the worker... (short video)
He said he was here to keep the peace, she said he was here because she didn't feel safe coming alone but the court ordered file disclosure said FCSLLG had left it up to the police to attend or not. So why was he here and why did they both lie about it?
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This next recording is an audio of my wife's second and last conversation with the now former Director of Service for Family and Children’s Services of Lanark, Leeds and Grenville Kim Morrow regarding the progress of our complaint through the legislated processes.
You can hear Kim's desperation grow as she unsuccessfully attempts to manipulate my wife throughout this conversation:
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Everyone send your thanks to Kim Morrow for all her hard work and dedication over the last 32 years of working with Family and Children's Services of LLG. She will be missed at the agency but she is certainly moving on to amazing new adventures in the pasture!!! Good Luck Kim :)
Families United Ontario dedicates this classic Queen tune to Kim Morrow.
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MEET SUN WAI, ANOTHER UNREGISTERED ONTARIO CHILD PROTECTION SOCIAL WORKER WHO IS OR WAS PART OF KINGSTON'S RAPID RESPONSE TEAM...
This isn't another video full of disgruntled parents, it's an educational video - we won..
Sun Wai, a University of Guelph graduate that has a BA in criminal justice and public policy who went on to become an another UNREGISTERED child protection social worker for Family and Children's Services of Frontenac, Lennox and Addington in Ontario. Sun Wai failed to investigate objectively, took a biased position throughout, and failed to reassess and adjust her position as she had a statutory duty to do when faced with information that did not support her original position or her sworn affidavit. Listen as Sun Wai explains the children's aid society's anti-oppressive policy.
Sun Wai in the video with the full support of her supervisor informs the mother she's not going to tell the mother what her concerns are and has made the decision to keep her "concerns" from the her because knowing what those concerns are would put too much pressure on the mother according to Sun Wai - just before telling the mother the society has filed for a supervision order of her children then refuses to serve the mother. How is that not putting intense pressure on the mother? It's abusive on so many levels.
After repeatedly promising to give, in writing, a list of concerns and the basis for them to the parents - this woman, close to 50 days later, claims that telling the parents her concerns about their children's safety might inadvertently harm their children - but if that's so, isn't preventing them from addressing her concerns (if valid) more likely to harm their children. Can Sun Wai's obvious malicious intentions be in the "best interest of the child."
So what happened? The society withdrew both the application for a supervision order and a motion before the court (what the motion was, we still don't know) and the judge ordered the society to pay the legal costs ($750.00) incurred by the family forth-with after reading a letter sent to the family the night before the first appearance and signed by Sun Wai, explaining the reasons for her failing to give a list of her concerns and the basis for them to the family and time to address those concerns as being a part of the Ontario children's aid society's anti-oppressive policy to avoid causing families the undue stress of knowing what they've been accused of doing wrong.
Do you want to see the cheque?
Ontario CAS Dirty Tricks:
There's a knock at the door, it's after dark Wednesday and we weren't expecting anyone. We're a bit worried it's the worker wanting to come in again. We go to the door, it's a same day courier and he wants us to sign. We've been served.
We have to respond to the worker's concerns, swear in the responding documents and serve them before the end of that coming Friday. Two days to do what lawyers take weeks to do. We have a little over a week till the first appearance....
READ THE FULLY STORY HERE:
This is very much a first, as far as I can tell. “Mr. Rogers, it will be a short retainer”
CAS ordered to pay my legal costs after Judge rules they unnecessarily brought our family to court, at the cost of Ontario tax-payers. One month later, I have the cheque in hand. Visit kelleyandderek.com
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Shonin isn’t just a wearable, it’s a body cam for civilians.
Because live-streaming with your smartphone isn’t always practical. The team behind Shonin says the camera is designed to capture “your side of the story,” citing possible uses like documenting road rage, abuses of power, events and protests, threats, and assault. Shonin also notes several everyday situations where it could be used, like walking alone at night, where the visible design of the camera itself might act as a deterrent.
The camera, which can be attached either by a clip or magnetic backing, begins recording with a tap to the body, and uses either cellular or Wi-Fi connectivity to instantly allow you to share video to destinations like Facebook Live or YouTube. It also securely stores videos on the Shonin cloud, lets you view videos on your phone via the Shonin app, and perform simple edits.
If no connectivity is available, the camera can also store encrypted captured footage to its internal 8GB SD card. The camera is also IP67 waterproof, is GPS enabled, and has a single charge that delivers 2.5 hours of battery life, which can be doubled with an additional magnetic battery.
WHO IS KELLEY DENHAM?
A new program being offered in Smiths Falls, Bridges out of Poverty, helps participants assess their lives and give them the agency, confidence and a plan to move beyond their current circumstance. And while the program is new in town, it's not new to the world.
“Bridges out of Poverty is a movement, a movement that calls on the entire community to help build bridges out of poverty for local families,” said co-facilitator of the program, Kelley Denham. "It’s in six countries now. In Canada, it’s big in Sarnia and Lambton area."
The Adult Learning & Training Centre, along with Lanark County Mental Health, Ontrac, Lanark, Leeds and Grenville Health Unit, Rideau Community Health Services and Health Link Rideau Tay, brought the Bridges out of Poverty initiative to Smiths Falls for the first time this spring.
The group, made up of seven people, including two youth, a senior, somebody in housing who was a mother of three young kids and three people on Ontario Disability Support Program, participated in the inaugural run of the program. All seven participants graduated in June. The group met once a week for 12 weeks.
The program is based on the work of Ruby Payne, American educator and author known for her work on the culture of poverty, including the invisible rules of the social classes.
“It’s really cool stuff,” said Denham, who has real-world experience dealing with poverty, she realized the effectiveness this program could have on others. “It made a lot of sense to me having been poor, and then not poor, and then poor again, and then not poor.
“I know how hard it is because you’re living day-by-day, you’re just surviving," she said. "You’re not going to think about tomorrow if you don’t know what you’re going to eat today. It’s impossible.”
Before the Bridges out of Poverty program, Denham had been trying to help people on a one-on-one basis. But after seeing a Bridges out of Poverty workshop, put on by Gayle Montgomery, while attending Algonquin College she knew there could be potential to bring the program to town.
“She’s explaining how to get out of poverty and I’m like: ‘That’s exactly what I did. This is the road map. This is how you do it.'”
Last August, a working group formed in town and the program was born.
Participants work on creating their “future stories” as well as thinking critically about what poverty means, how to break the cycle of poverty to create life choices, and what nuances exist when thinking about class structures.
“This model defines poverty as the extent someone does without resources,” explained Denham. Poverty isn’t solely defined by income; the reasons that keep people in a cycle of poverty is complex.
“Most organizations either say it’s individual choices that keep people in poverty and others say it’s systemic barriers that keep people in poverty,” said Denham. “The reality is it’s a mix and in order to address poverty we need to address it at all of these levels.
“A lot of people in poverty believe they are faded — nothing will ever get better, there’s no other options, I had kids young I’m always going to be poor and that’s just it.”
The aim of the workshop is to help individuals identify which of their resources are low and work toward building them with whichever resources they have that are high.
Bridges out of Poverty participant, Faith-Marie Donaldson, speaks about the program and how it helped her build confidence and agency to help her, help herself. — Evelyn Harford/Metroland
One participant, Faith-Marie Donaldson, 24, said the program helped develop her agency to take control of her own situation. Since graduating from the program in June, Donaldson has landed a job and has plans to get the rest of her four credits required to receive her high school diploma.
“I’ve been wanting to get a job for a while, but with anxiety it was nerve-racking to take the first step,” she said. “I think it’s because of this group, I was able to take the first step. Everybody needs a push once in a while.”
This program, said Donaldson, has helped give her the confidence she needed to move forward.
“It’s really eye-opening, educational,” she said. “I don’t think I’d be where I am without this group. I want to make a difference in this world — but my confidence to do it was actually pretty low.”
Donaldson has seen both sides of the coin — experiencing life in poverty as well as in the middle class — and now living somewhere in between.
“Growing up, we were always OK with money,” she said.
But when her dad lost his job at Hershey, an employer he had worked for since he was a teenager, things changed.
“We struggled a lot with money.
“It was a weird transition,” she said of experiencing poverty for the first time. “I was so young. I didn’t realize the impact.”
Donaldson explained that there’s a stigma that’s attached to being poor and the invisible divide that separates those in poverty from those in the middle and upper classes.
And why, she said she always finds a way to be nice to others.
“You have no how much they (others) could be struggling,” she said. “You have no idea what they’re going through.”
Being poor comes with a lot of fear, explained Donaldson.
“But,” she said. “When you have a community (to support you) it helps soften the blow.”
And while community does come together, Donaldson feels that more empathy, tolerance and acceptance, is needed.
“We need to actually come together as a community,” she said. “We need to understand what the other side of the fence is going through or else we’re always going to get stuck in the patter of stigma and judgment.
“Until we do that, nothing is going to get better."
Donaldson’s advice to others considering the program: “Go for it.”
Now Donaldson has a job, is moving out of her parents’ house, and has an offer to help co-facilitate a program at Lanark County Mental Health. She also got an offer to help co-facilitate the Bridges out of Poverty group.
Donaldson said she always wanted to go into counselling but didn’t think she could do it. But, now with these recent offers, her confidence to chase her dreams has been reignited.
HOW TO PARTICIPATE
In order to get as many people through the door, the Bridges out of Poverty program takes care of everything for their participants — including child care and lunch.
Along with donations from involved agencies, the Bridges out of Poverty program has received donations from Andress’ Independent Grocer and Apple House Art Gallery. Apple House Art Gallery founder, Patricia Mosher, has also volunteered her time to provide the child-care and has developed an artistically-focused curriculum. The Smiths Falls District Collegiate Institute’s hospitality class has provided lunch, while Glad Tidings church in Perth is providing snacks which is likely breakfast for many participants.
The second round of Bridges out of Poverty will start this September. If you would like to participate reach out to Kelley Denham at kelley.denham@altclanark.com.
For more information visit, https://www.ahaprocess.com/.
by Evelyn Harford.
Evelyn Harford is the reporter for the Smiths Falls Record News. She can be reached at eharford@metroland.com.
Email: eharford@metroland.com
Lake 88.1 “In Focus”interview with LAO’s Andreas Von Cramon and Nathalie Champagne: Date: April 8, 2014.
Description: Transcript of April 8th, 2014 “In Focus” interview by Bob Perreault from Lake 88.1 FM in Perth and Andreas Von Cramon, Supervisory Duty Counsel Criminal/Family Law and Nathalie Champagne, District Area Director, Ottawa Region.
Anderas von Cramon Supervisory Duty Counsel Family, Criminal Law in Brockville, Lanark, Leeds and Grenville and is married to the CAS in house lawyer for FCSLLG, Karynn Von Cramon.
FCSLLG Manager of Legal Services Karynn Von Cramon
$112,779.01 ($158.34 per hour)
Anderas von Cramon operates a free family law clinic for families dealing with the CAS out of the courthouse to provide advice to people and to help them to prepare for family law cases, or to try to resolve their family cases outside the court. (sign consent forms and service agreement)
Parents go in praying for competent representation and good advice and instead get someone willing to bill legal aid to guide the parents through the process of having all their rights, dignity and children stipped away from them. According to legal aid right now family lawyers willing to accept legal aid bill an average of $40 000 dollars per case for not filing documents or filing them after the court has already granted the society a supervision order.. Or the society requests the judge order the parents to sign consent or service agreements after the parents have refused to sign anything and the judges oblige the society by ordering the parents to just cooperate.
Anderas von Cramon also gives basic help drafting documents. Basic means what? It means no help swearing in and filing documents or serving the document before the deadline - which means he does less than nothing.
I'm willing to bet if we could check, nobody Anderas von Cramon has ever "helped" has ever had anything filed before or after the deadlines have passed unless it was to submit to FCSLLG..
Just by failing to file the required paperwork by the deadline before a first appearance in family court on a child protection matter will potentially earn a legal aid lawyer a minimum of $40 000 according to legal aid Ontario.
Meet Kim Morrow, the former director of services for FCSLLG in this two hour candid recording of the beginning of the complaint process after FCSLLG offered us an apology letter that actually blamed us for everything they did wrong after withdrawing their application for a protection order from the Perth family court.
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